Allowed

Smt. Hemavathi v. G.A. Lakshmikantha

Karnataka HC28 Mar 2024MFA/4995/2015

Case brief

AI extract

What is this about?

High Court allowed a first appeal against a Motor Vehicle Accident Tribunal award, enhancing compensation from Rs. 1,58,000 to Rs. 2,44,400. The court recalculated damages based on standard charts due to lack of income proof. Interest was granted only for the active period of the suit.

What did the court decide?

The award was modified to Rs. 2,44,400/- plus 6% interest from the claim date. The insurance company is directed to deposit the enhanced amount within two months.

Smt. Hemavathi Vs G.A. Lakshmikantha — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:12962 MFA No. 4995 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.4995 OF 2015(MV-I)

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BETWEEN:

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SMT. HEMAVATHI W/O SHIVAPPAGOWDA, AGED ABOUT 37 YEARS, RESIDENT OF DODDAGENAGERE POST, SHANTHIGRAMA HOBLI, HASSAN TALUK, HASSAN-573 201.

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…APPELLANT

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(BY SRI. SHARATH KUMAR., ADVOCATE SRI. B.CHETHAN., ADVOCATE)

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AND:

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G.A.LAKSHMIKANTHA S/O ANKEGOWDA, MAJOR,

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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RESIDENT OF SHANBHAVI NILAYA, NEAR GOVERNMENT HOSPITAL , ALUR TOWN, HASSAN DISTRICT-573 201.

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THE MANAGER, RELIANCE INSURANCE CO. LTD, 1^ST STAGE, KRUTHIKA ARCADE, MPL S.A.S. No.329 331, NEAR N.R.CIRCLE, H.N.PURA ROAD, HASSAN-573 201.

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…RESPONDENTS

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(BY SRI. D.VIJAYAKUMAR., ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH V/O DATED:01.04.2022)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,

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2 - NC: 2024:KHC:12962 MFA No. 4995 of 2015

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AGAINST THE JUDGMENT AND AWARD DATED:26.07.2014 PASSED IN MVC NO.1881/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, HASSAN.

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THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.Sharath Kumar., learned counsel on behalf of Sri.B.Chethan., for the appellant has appeared in person.

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Sri.D.Vijaya Kumar., learned counsel for respondent No.2 has appeared through video conferencing.

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Though the appeal is listed today for admission, it is heard finally.

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The claimant has preferred the captioned appeal seeking enhancement of the compensation.

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Learned counsel for the respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.

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3 - NC: 2024:KHC:12962 MFA No. 4995 of 2015

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The point that would arise for consideration is

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whether the Claimant is entitled for enhanced compensation.

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The Claimant's appeal is one for enhancement of compensation. The grounds urged in the present appeal are mainly relating to the meager compensation awarded under different heads by the Tribunal. The Claimant has suffered pain and agony owing to the injuries sustained in the accident in question.

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The compensation of Rs.40,000/(Rupees Forty Thousand only) towards Medical Expenses remains intact.

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This Court deems it appropriate to award Rs.35,000/(Rupees Thirty Five Thousand only) towards pain, injuries and sufferings as against Rs.25,000/- (Rupees Twenty Five Thousand only).

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It is noticed that the Tribunal has awarded compensation of Rs.64,800/- (Rupees Sixty Four Thousand Eight Hundred only) towards Loss of future earning capacity due to disability. It is contended that the claimant was doing agriculture and milk vending business and earning a sum of Rs.15,000/- (Rupees Fifteen Thousand only) per month. However, there is no proof

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4 - NC: 2024:KHC:12962 MFA No. 4995 of 2015

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of income. In the absence of any proof of income, the chart prepared by the Legal Service Authority must be taken into consideration. As per the chart, if the accident is occurred in the year 2012, the salary of the injured must be taken as Rs.7,000/- (Rupees Seven Thousand only) per month. The age of the claimant was 36 years as on the date of accident, hence the multiplier 15 is to be adopted.

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At the time of calculation, learned counsel for the claimant and Insurance Company jointly submits that the Tribunal has taken the disability as 9%. Hence, same may be taken into consideration in this appeal also. Therefore, the amount towards loss of future earning capacity due to disability is calculated as under:

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Rs.7,000/- X 12 X 15 X 9/100 = Rs.1,13,400/-.

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This Court deems it appropriate to award Rs.25,000/(Rupees Twenty Five Thousand only) towards Loss of amenities and enjoyment in life as against Rs.15,000/- (Rupees Fifteen Thousand only); Rs.10,000/- (Rupees Ten Thousand only) towards Conveyance, nourishment and attendant charges as against Rs.5,000/(Rupees Five Thousand only) and

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5 - NC: 2024:KHC:12962 MFA No. 4995 of 2015

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Rs.21,000/- (Rupees Twenty One Thousand only) towards loss

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of earning during the period of treatment and rest as against Rs.8,000/- (Rupees Eight Thousand only).

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Accordingly, this Court re-determines the

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compensation as under:-

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1.	Medical expenses	40,000	Rs.40,000/-
2.	Pain, Injuries and Sufferings	25,000+ 10,000	Rs.35,000/-
3.	Loss of future earnings due to disability 7,000 x 12 x 15 x 9/100	1,13,400	Rs.1,13,400/-
4.	Loss of amenities and enjoyment in life	15,000+ 10,000	Rs.25,000/-
5.	Conveyance, nourishment and attendant charges	5,000+ 5,000	Rs.10,000/-
6.	Loss of earnings during the period of treatment and rest.	7,000 X 3	Rs.21,000/-
		Total:	Rs.2,44,400/-
	(Less) Compensation	awarded by the Tribunal:	- Rs.1,58,000/-
	Enhanced compensa	tion awarded by this Court:	Rs.86,400/-

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NC: 2024:KHC:12962 MFA No. 4995 of 2015

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Hence, the following:

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ORDER

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The Miscellaneous First appeal is allowed and the Judgment dated:26.07.2014 passed by the Court of Prl. Senior Civil Judge and Addl. M.A.C.T at Hassan in M.V.C No.1881/2012 is modified to the extent stated hereinabove.

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The claimant is entitled for the enhanced

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compensation of Rs.86,400/- (Rupees Eighty Six Thousand Four Hundred only) with 6% interest per annum from the date of the claim petition till the date of realization.

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The second respondent Insurance

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Company shall deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.

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NC: 2024:KHC:12962 MFA No. 4995 of 2015

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Needless to observe that the claimant is

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not entitled for the interest for delayed period in filing the appeal.

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It is noted that the appeal was dismissed for non-prosecution on 04.01.2016. There was a delay of 1474 days in fling the application to recall the dismissal order. The dismissal order was recalled on 14.07.2021. The claimant is not entitled for interest for the delayed period.

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The Registry to draw the modified award accordingly.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 19

Smt. Hemavathi v. G.A. Lakshmikantha

Case brief

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Smt. Hemavathi v. G.A. Lakshmikantha

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